Criminal Evidence Principles and Cases 

INSTRUCTIONS:

Answer in Question-and-Answer format. You must use the book chapter 8 as well as the provided document on HEARSAY.

When you use the book, please citate the answer as so:
(Gardner, 2015, Chapter #, Section: title) I was told to put the section title because there are no numbers that I’ve seen. So, the section title is fine please.

When you use the MS Document, the professor said to citate it as so: (Instructor’s Material on Hearsay, p. 5). As per his instructions

Please don’t forget to cite each of the answers with corresponding book chapter or MS document.

NOTE: I deleted question 7 and 10.

Ch. 8: Class Discussion Question

  1. Courts respond differently to the problems of very young children as victims by relaxing hearsay rules so that more adults can testify about the out-of-court statements made by children. Why? How does Crawford and the Confrontation Clause apply to testimonial statements made by a child? Lastly, review rules 413, 414, and 415 of the Federal Rules of Evidence. Why do you think the Texas Rules of Evidence have not adopted FRE 413, 414, and 415? Discuss the benefits and the risks of the FRE 413, 414, and 415.

Chapter Review Questions, Ch. 8

  1. Explain and discuss how Crawford v. Washington (2004) made major changes in the law. Explain why you agree or disagree with the decision.
  2. What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.
  3. Explain and discuss how exceptions to the hearsay rule endanger the Sixth Amendment right to confrontation. Be sure to provide examples.
  4. What is the primary purpose of Police Interrogation?
  5. Discuss the issue of forensic analysts’ reports and expert opinions in relation to testimony being admissible by analysts who did not actually conduct the laboratory analysis themselves. What do you see as possible issues with this being permitted?
  6. Give the justification for the recognition of the “firmly rooted” exceptions to the hearsay rule.
  7. Hearsay rules have been relaxed for children for several purposes. Discuss the factors that relate to the reliability of children’s statements.
  8. List and explain each of the Five Exceptions to the hearsay rule when declarant is unavailable – FRE 804. (Note: you will probably need to refer to the Instructor’s Materials on Hearsay, in addition to the textbook.)

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